Print Issues

Volume 68, Issue 3


Probable Cause Revisited

by  William Ortman

Most judges, lawyers, and scholars take it for granted that to charge a criminal defendant, the government needs only probable cause of guilt. But in fact, probable cause represents a choice, not a fixed element of our legal tradition. This Article begins with the history of the probable cause standard. It presents novel evidence that…


The Perverse Effects of Subsidized Weather Insurance

by  Omri Ben-Shahar & Kyle D. Logue

This Article explores the role of insurance as a substitute for direct regulation of risks posed by severe weather. In pricing the risk of human activity along the predicted path of storms, insurance can provide incentives for efficient location decisions as well as for cost-justified mitigation efforts in building construction and infrastructure. Currently, however, much…


The Law and Finance of Antitakeover Statutes

by  Emiliano M. Catan & Marcel Kahan

Over the last fifteen years, numerous finance articles have examined the effect of antitakeover statutes (ATSs) on firm and managerial behavior. In this Article, we evaluate these studies from a theoretical-legal and an empirical-finance perspective. To assess the impact of an antitakeover statute from a theoretical perspective, one has to evaluate how the statute affects…


Caught in the Crosshairs

Developing a Fourth Amendment Framework for Financial Warfare
by  Chris Jones

What do Russia’s incursion into Ukraine, the hacking of Sony, and democratic instability in Venezuela have in common? The U.S. response to each has been economic sanctions. In the twenty-first century, economic sanctions are perhaps the most frequently used tool in the U.S. foreign policy toolbox because they can inflict pain without having to resort…